Workplace Law |
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Page 41
With regard to misconduct committed before the formation of the contract , for
example , the commission of a serious crime , the general principle is that there is
no duty on a prospective employee to disclose prejudicial information from his
past ...
With regard to misconduct committed before the formation of the contract , for
example , the commission of a serious crime , the general principle is that there is
no duty on a prospective employee to disclose prejudicial information from his
past ...
Page 91
SUBSTANTIVE FAIRNESS Generally Misconduct can have a bearing on the
employment contract if it is committed either before ... It is impossible exhaustively
to enumerate the various forms of misconduct which the courts have held to
justify ...
SUBSTANTIVE FAIRNESS Generally Misconduct can have a bearing on the
employment contract if it is committed either before ... It is impossible exhaustively
to enumerate the various forms of misconduct which the courts have held to
justify ...
Page 92
The substantive fairness of a dismissal for misconduct relates to the following
factors : ( a ) whether the employer is guilty of the offence charged ; ( b ) whether
the gravity of the offence justifies the penalty of dismissal . The Code provides a ...
The substantive fairness of a dismissal for misconduct relates to the following
factors : ( a ) whether the employer is guilty of the offence charged ; ( b ) whether
the gravity of the offence justifies the penalty of dismissal . The Code provides a ...
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Contents
Introductory topics | 1 |
The parties to the employment relationship | 12 |
The individual contract of employment | 20 |
Copyright | |
20 other sections not shown
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Common terms and phrases
9 ILJ action agreed Allied Workers Union amount appeal application arbitration award bargaining BCEA breach Chapter circumstances Code collective agreement Commission commissioner common law comply concerned conduct consider constitution consultation contract contract of employment council decision definition determine disciplinary dismissal dispute domestic workers duty effect election employed employee employee's employment entitled essential establish example fair give given ground hearing held industrial interest issue justify Labour Court leave limited lock-out matters means misconduct National Union nature notice obliged offence operational organisation participate particular parties performance period person principle procedures proceedings proposed protected reasonable referred refusal regard regulating relating relationship representative resolve respect retrenchment rules statutory strike subsection termination trade union unfair labour practice Union of Metalworkers Union of Mineworkers unless wages warning workplace forum